## **Learning Outcomes**

This article explains how to prepare effective court applications and structure persuasive skeleton arguments for SQE2 advocacy, including:

- Developing a clear case theory that links facts, law, and desired outcomes, and using it to shape both written and oral submissions
- Organising a skeleton argument logically with headings, numbered paragraphs, defined issues, and concise propositions of fact and law
- Identifying and selecting the essential legal authorities and factual materials needed to support a particular application
- Assembling, indexing, and paginating a compliant hearing bundle in line with court directions and good practice
- Referencing bundle documents and legal authorities with precise citations during written and oral submissions to assist the judge
- Tailoring your application, skeleton argument, and bundle use to the specific procedural context and SQE2 assessment requirements

## **SQE2 Syllabus**

For SQE2, you are required to understand how to prepare legal applications and structure skeleton arguments in a practical setting, with a focus on the following syllabus points:

- the skill of logically organising a skeleton argument and referencing legal authority
- how and when to use documents effectively in a hearing or trial bundle
- developing and presenting case theory to guide advocacy submissions
- identifying relevant facts, law, and procedural requirements to support an application
- following court guidance and practice directions for skeleton argument format and content

Pay particular attention to these skills, as they directly map to exam scenarios where you must draft or present written/oral submissions for interim, substantive, or procedural applications.

## **Test Your Knowledge**

_Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision._

1. What are the purposes of a skeleton argument in court proceedings?
2. When should you refer a judge to documents in a hearing bundle during oral submissions?
3. Why must a skeleton argument include both facts and law?
4. What practice direction governs the required format for skeleton arguments in the civil courts?

## **Introduction**

When you act in any court application, your preparation and the structure of your argument are critical to persuading the judge. A skeleton argument enables you to present your key submissions clearly and efficiently. It organises facts, legal principles, and authorities, providing both the court and your opponent with a roadmap of your case. The hearing bundle ensures that all relevant documents are accessible during the hearing, allowing precise references to support your case theory.

## The Role of a Skeleton Argument

A well-structured skeleton argument is essential for any substantive or interim application. It should set out the background facts, identify the issues for determination, state the relevant law, and present your argument in numbered, logical submissions. This document helps the court prepare in advance, facilitates focused advocacy, and ensures that important points are not missed under hearing pressure.

> **Key Term: skeleton argument**
> A concise, structured written document that outlines an advocate's key submissions, facts, legal principles, and authorities in support of an application.

## Structuring an Effective Skeleton Argument

Skeleton arguments must be precise and follow court guidelines. Each point should be in a separate, numbered paragraph. The argument should be logical, sequenced, and directly reference supporting evidence or authority. Only include authorities necessary to support points of law, citing case names and pinpoint references.

A standard skeleton argument typically includes:

- heading and title of the court, parties, and application
- summary of the order sought from the court
- brief background facts
- procedural history (if relevant)
- list of issues the court must decide
- submissions on law and fact, each with references to the bundle and authority
- conclusion stating the precise order requested

> **Key Term: case theory**
> A clear, coherent explanation that connects the facts and law of your case, supporting the outcome you seek and guiding the structure of your argument.

### **Worked Example 1.1**

**You represent the claimant in an application for summary judgment. What should your skeleton argument include and how should it reference the bundle?**

> **Answer:**  
> The skeleton argument must state the application for summary judgment, refer briefly to background facts and case theory, list the legal test under CPR 24, and identify factual material evidencing no real prospect of defence. Each factual and legal point should reference specific bundle documents (e.g., "Bundle tab 3, p. 7") and cite relevant cases. It should conclude by specifying the order sought.

## The Use and Assembly of Hearing Bundles

A court bundle is a file of indexed, paginated documents the court, advocates, and witnesses may need to refer to at the hearing. Always check and follow any court direction for format and delivery. Ensure the essential documents (e.g., key witness statements, contracts, past orders, evidence) are included, that tabs and pagination match the bundle index, and that each referenced page is legible.

> **Key Term: hearing bundle**
> A paginated, indexed file of documents compiled for use by the court and parties at a hearing, containing all materials required for reference during submissions or evidence.

### **Worked Example 1.2**

**During your oral submissions, you want to refer the judge to a clause in a contract (page 25 of the hearing bundle). How should you do this?**

> **Answer:**  
> State: "Judge, for my primary submission, may I refer you to Bundle tab 2, p. 25. Clause 5.2 provides that..." Pause for the judge to locate the page, then highlight your point. Be concise and ensure the reference is clear to all parties.

## Presenting Case Theory in Applications

Always organise your submissions around your overarching case theory. Identify in your skeleton argument why the facts and law support the outcome you seek, and anticipate (and rebut) contrary arguments. Use your case theory to structure your written and oral argument, keeping it logically focused and persuasive.

> **Key Term: submission**
> A statement, either written or oral, made to a court, advocating a party's position on law or fact and inviting the court to accept it.
>
> **Key Term: authority**
> A cited legal source (such as a case or statute) that supports a factual or legal proposition in your submissions.

## Referencing Materials and Bundles in Submissions

Reference all authorities and documents with exact citations: provide full case names (plus neutral and law report citations where required) and pinpoint paragraphs. For bundle documents, give tab and page numbers so the court can turn to the right material immediately.

### **Revision Tip**

> For the SQE2 exam, practise drafting skeleton arguments for different hearings, using model headings, numbered paragraphs, and supporting references. Always follow court practice directions—non-compliance may result in cost penalties or refusal to hear your application.

### **Exam Warning**

> Never submit a generic or untailored skeleton argument. Failing to address the factual and legal context of the specific application risks your submissions being overlooked or weakened. Each skeleton must be case-specific and comply with procedural rules.

## **Key Point Checklist**

_This article has covered the following key knowledge points:_

- The role and structure of a skeleton argument in SQE2-style court applications
- How hearing bundles are assembled and used to support oral and written submissions
- The importance of developing and presenting case theory in applications
- Referencing law, authority, and evidence accurately in both skeleton arguments and hearings
- Applying relevant procedural rules and practice directions to practical advocacy tasks

## **Key Terms and Concepts**

- skeleton argument
- case theory
- hearing bundle
- submission
- authority

Application preparation and case theory - Structuring a skeleton argument and bundle use